Volume 25, Page 415 View pdf image (33K) |
Proceedings of the Council of Maryland, 1722/3. 415
pleased to give himself the Trouble to meet that Gentleman Lib. X. and in the most friendly manner labour to discuss all former Complaints with the Occasion of them, and to stipulate such measures as may prevent them for the future until the Bound aries are setled that in the mean time effectually to end these differences applications be made to the Proprietor at home to press a final Adjustment of the Boundaries that in Case the Province of Maryland hitherto our Good Neighbour should now so far change their measures as no longer to pre serve peace with us, the Govr would then be pleased to repre sent the matter effectually to the King and his Ministry and in the meantime by all Legal Methods to support the peace- p. 85 able people of this Province as well as the Proprietor in the just Possession and Enjoyment of their rights Extracted p Geo Barclay Cl Concil
His Excellency then laid before the Board the Opinion of Daniel Dulany Esqr his Lordships Attorney General with relation to Isaac Taylor and Gatchell which is as follows vizt
The Case of Isaac Taylor and others They pretending to be Officers under the Government of Pennsylvania enter into the Possessions of several persons that held their Land of the Lord Proprietary of Maryland as part of that Province, made several Surveys and threatned the people that if they would not have the Lands they possessed Surveyed by them they woud Survey them for others and Actually took a House and part of a wheat field that was inclosed from one Lang one of his Lordships tenants and promised all those that would submit to the Government of Pennsylvania they should be protected Thus much I think the Depositions contain 1. And first then it is to be Considered whether the said Taylor and his Companions are Guilty of any Offence 2. If they are what that offence is 3. And in what Court they may be legally prosecuted for it. 1. That it is not Lawful for any man or number of men to enter into the Inclosures and Possessions of Another without p. 86 his Leave is without Question and the doing of it with any Circumstance that may disturb the Possessor is an Aggrava tion although there be no sort of violence offered him and That when a number of people come together and claim the right of Lands or Goods quietly Possessed by another and by words or Actions manifest an intent to disturb that person by turning him forceably out of his Possession if he
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Volume 25, Page 415 View pdf image (33K) |
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